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Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas): HL 9 Jul 2008

The parties contracted to charter the Achileas. The charterer gave notice to terminate the hire, and the owner found a new charterer. Until the termination the charterers sub-chartered. That charter was not completed, delaying the ship for the owners’ new charter which was cancelled. In the meantime hire rates had fallen. The owners claimed damages. … Continue reading Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas): HL 9 Jul 2008

Cope v Doherty: 1858

Owners of an American ship which had collided with and sunk another American ship applied to limit their liability pursuant to section 504 of the Merchant Shipping Act 1854. Held: The section did not apply to collisions between foreigners. When the owners argued that the limitation rule was procedural and should therefore be applied as … Continue reading Cope v Doherty: 1858

The Trustees of The Clyde Navigation v Barclay, Curle, and Co: HL 23 May 1876

Section 388 of the Merchant Shipping Act 1854 enacts-‘No owner or master of any ship shall be answerable to any person whatever for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of such ship within any district where the employment of such pilot is compulsory by … Continue reading The Trustees of The Clyde Navigation v Barclay, Curle, and Co: HL 23 May 1876

Cope v Doherty: CA 2 Jan 1858

Turner LJ: ‘An attempt was made on the part of the appellants to bring this case within Don v Lippman and cases of that class, but I think those cases have no bearing upon the point. This is a question of liability, and not of procedure.’ Judges: Turner LJ Citations: (1858) 2 De G and … Continue reading Cope v Doherty: CA 2 Jan 1858

Macbeth and Co v Chislett: HL 7 Feb 1910

In construing ‘seamen,’ who are excluded from the provisions of the Employers’ Liability Act 1880, the Court is not in any way fettered by the definition of ‘seamen’ in the Merchant Shipping Act 1854. A ‘seaman’ is one who is by vocation a seafaring man, and who is at work connected with his duties as … Continue reading Macbeth and Co v Chislett: HL 7 Feb 1910

Harding v Wealands: CA 17 Dec 2004

The claimant sought damages here for a road traffic accident which had occurred in Australia. The defendant was working in England. The defendant argued that the law of New South Wales applied. Held: The general rule in section 11 was not to be displaced. Roerig implied a bright line between matters of assessment and heads … Continue reading Harding v Wealands: CA 17 Dec 2004

Harding v Wealands: HL 5 Jul 2006

The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law would limit the damages.
Held: . .

Burrell v Simpson and Co and Others: HL 13 Dec 1878

Two steamships belonging to the same owner came into collision. One was sunk, the fault being solely attributable to the other. In a petition, brought under the Merchant Shipping Acts 1854 and 1862, for a limitation of the liability of the petitioner qua owner of the offending vessel, and for a ranking of claimants upon … Continue reading Burrell v Simpson and Co and Others: HL 13 Dec 1878

Pegler Ltd v Wang (UK) Ltd: TCC 25 Feb 2000

Standard Conract – Wide Exclusions, Apply 1977 Act The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages. Held: Even though Wang had been ready to amend one or two of its … Continue reading Pegler Ltd v Wang (UK) Ltd: TCC 25 Feb 2000

Ultraframe (UK) Ltd v Fielding and others: ChD 27 Jul 2005

The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .